Abh - Possible Sentences

[Tom1245]

I was assaulted in an unprovocated attack a month or so ago. I was sat on a sofa at my friends hoise and 3 males who I didn't know entered through the back door of the house. I was kicked in the head without warning then punched across the nose. My nose was broken and has had to be realigned, i had a black eye and a cut across the nose that needed to be glued. The lad who hit me has been charged with ABH.. does anyone know what will the likely sentence be?

I have had a look at the sentencing guidelines but im not sure what is classed as serious injury or higher or lower culpability!

Thanks if you can help!

[Buenchico]

The injuries you describe are getting close to 'GBH' (rather than 'ABH'), so 'harm' is likely to be classed as 'high'.

Kicking someone in the head is regarded as adding to the seriousness of an offence. (In the case of 'GBH' it would almost certainly upgrade the offence to 'GBH with intent'). So 'culpability' is likely to be classed as 'high' (particularly as the offender acted as part of a gang, which again adds to the seriousness).

So the Magistrates Court is likely to pass the case to the Crown Court because it's a 'Category 1' offence. That would mean a 'starting point' sentence of 18 months imprisonment, reduced to 12 months if there's an early guilty plea.

[Peter Pedant]

I am sorry this happended to you Tom
I hope this hasnt led to permanent scars....

you also need to seek out a better class of friend

* (you were at a frenz house and three men you didnt know came in - well he obviously did and had arranged it)

[Tom1245]

Thank you Buenchio

[Peter Pedant]

thank you chris
ace as ever